RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COTATI
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 17.42.170 ACCESSORY DWELLING UNITS/JUNIOR
ACCESSORY DWELLING UNITS OF THE COTATI MUNICIPAL CODE TO
CONFORM TO STATE LAW
WHEREAS, on March 24, 2015, the Cotati City Council adopted its updated General Plan (Resolution No. 2015-12), which identifies the City’s vision for the future and provides a framework to guide decisions on growth and development consistent with the quality of life desired by Cotati citizens. On March 24, 2015, the Cotati City Council also certified the City of Cotati General Plan Environmental Impact Report (EIR), which reviewed potentially significant environmental effects resulting from the plan’s implementation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including facilitating the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and
WHEREAS, one of the purposes of Title 17 of the Cotati Municipal Code is to ensure that the General Plan, including the Housing Element, may be implemented, and adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to its goals; and
WHEREAS, the State of California has established that a local agency may, by ordinance, provide for the creation of ADUs and JADUs in single-family and multifamily residential zones and that ordinance may set forth certain standards for the development of ADUs and JADUs as allowed by state law; and
WHEREAS, state laws related to the review and approval of ADUs and JADUs apply whether or not a local agency has adopted a local ordinance; and WHEREAS, the State of California has made numerous legislative changes since 2016 intended to increase the supply of ADUs and JADUs by limiting a local jurisdiction’s ability to impose certain standards, review processes, and fees, as codified in California Government Code Sections 66310-66342; and
WHEREAS, the proposed Land Use Code amendments in this ordinance comply with California Government Code Sections 66310-66342; and
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on August 3, 2026, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance amending Section 17.42.170 Accessory Dwelling Units/Junior Accessory Dwelling Units of the Cotati Municipal Code to conform with State law. After receiving the staff report, reviewing a presentation from the Planning Division, and considering all oral and written comments submitted to the City regarding the Ordinance, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and
WHEREAS, based on the record, the Planning Commission finds that the proposed zoning code amendments are consistent with and facilitate the General Plan and Housing Element.
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Cotati does find as follows:
SECTION 1: Recitals.
The above recitals are true and correct and are incorporated into the findings herein.
SECTION 2: Record.
The Record of Proceedings (“Record”) upon which the Planning Commission makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023, 4) the Mitigated Negative Declaration certified for the 2023-2031 Housing Element, and 5) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the ordinance amending Section 17.42.170 Accessory Dwelling Units/Junior Accessory Dwelling Units of the Cotati Municipal Code to conform with State law.
SECTION 3: General Plan Consistency
The amendments to Section 17.42.170 Accessory Dwelling Units/Junior Accessory Dwelling Units of the Cotati Municipal Code to conform with State law, as set forth in the proposed ordinance, are in the best interest of the City in that they will further established goals, policies, and implementation programs of the General Plan, including the Housing Element, to expand housing opportunities, conserve resources, and use land appropriately.
Specifically, these amendments are consistent with and implement the following Housing Element policies and programs:
Policy H-1.9 Encourage the development of accessory dwelling units in order to provide additional affordable and attainable market rate rental units in Cotati.
Policy H-2.9 Continue to facilitate and encourage the construction of accessory dwelling units pursuant to the City’s Accessory Dwelling Unit Ordinance, Cottage Housing Ordinance, and pursuit of “affordable by design” missing middle housing such as junior accessory dwelling units and cohousing.
Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.
Policy H-3.1 Ensure that the City’s development standards encourage development of a range of housing types, including multifamily, mixed use, high density residential, accessory dwelling units, cottage housing units, and single-family units.
Policy H-3.5 Encourage housing for large and intergenerational families, including through the promotion of accessory dwelling units.
Program 3-1 Zoning for a variety of housing types: Allow the development of junior accessory dwelling units within all single-family dwellings, including those in the NM and NU zones, and ensure all accessory dwelling unit/junior accessory dwelling unit requirements are compliant with State law by December 2023.
In addition, these amendments are consistent with and implement the following General Plan policies and programs:
Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.
Policy CON 3.10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.
Policy LU 2.4: Maintain the character of existing neighborhoods by ensuring new development is compatible in style, size, color, and footprint with the existing residences in the neighborhood.
Policy LU 2.5: Locate medium and higher density housing within easy walking or bicycling distance of public facilities, services, transit, and major employers.
Policy LU 2.6: Require new residential development to be consistent with the smalltown character of Cotati and designed and landscaped in an aesthetically pleasing and sustainable manner.
SECTION 4: Compliance with the California Environmental Quality Act.
The proposed ordinance to amend Section 17.42.170 Accessory Dwelling Units/Junior Accessory Dwelling Units of the Cotati Municipal Code to conform with State law is exempt from the California Environmental Quality Act as the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11) and the Mitigated Negative Declaration certified for the 2023-2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element, and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Cotati forwards its recommendation to the City Council to adopt the Ordinance attached as Exhibit A to this Resolution adopting amendments to Section 17.42.170 Accessory Dwelling Units/Junior Accessory Dwelling Units of the Cotati Municipal Code to conform to State law.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of Cotati held on August 3, 2026, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
Approved:___________________________
Chair
Attest:______________________________
Carla Duncan, Permit Technician